Legislature(1999 - 2000)

04/14/1999 04:00 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    SENATE RESOURCES COMMITTEE                                                                                
                          April 14, 1999                                                                                        
                             4:00 p.m.                                                                                          
MEMBERS PRESENT                                                                                                               
Senator Rick Halford, Chairman                                                                                                  
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Sean Parnell                                                                                                            
Senator Georgianna Lincoln                                                                                                      
MEMBERS ABSENT                                                                                                                
Senator Robin Taylor, Vice Chairman                                                                                             
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 132                                                                                                             
"An Act transferring some of the functions of the Department of                                                                 
Environmental Conservation to the Department of Natural Resources;                                                              
and providing for an effective date."                                                                                           
     -MOVED CSSB 132(RES) OUT OF COMMITTEE                                                                                      
CS FOR HOUSE JOINT RESOLUTION NO. 15(WTR)                                                                                       
Relating to support for the "American Land Sovereignty Protection                                                               
Act" in the United States Congress.                                                                                             
     -SCHEDULED BUT NOT HEARD                                                                                                   
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
SB 132 - No previous action to consider.                                                                                        
HJR 15 - No previous action to consider.                                                                                        
WITNESS REGISTER                                                                                                              
Mr. Bruce Campbell, Aide                                                                                                        
Senator Randy Phillips                                                                                                          
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on SB 132 for the sponsor.                                                                      
Ms. Janice Adair, Director                                                                                                      
Division of Environmental Health                                                                                                
Department of Environmental Conservation                                                                                        
555 Cordova St.                                                                                                                 
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT: Opposed SB 132.                                                                                           
Mr. Herb Simon                                                                                                                  
Nilchina, AK                                                                                                                    
POSITION STATEMENT: Supported SB 132.                                                                                         
ACTION NARRATIVE                                                                                                              
TAPE 99-25, SIDE A                                                                                                            
Number 001                                                                                                                      
             SB 132-TRANSFERRING CERTAIN DEC FUNCTIONS                                                                      
CHAIRMAN HALFORD  called the Senate  Resources Committee  meeting to                                                            
order at 4:00 p.m. and  announced SB 132 to be up for consideration.                                                            
MR. BRUCE CAMPBELL,  aide to Senator  Randy Phillips, sponsor  of SB
132,  proposed  to bring  possible  efficiencies  to  government  by                                                            
bringing  more industries  and related  food  investigations to  the                                                            
Department  of  Natural  Resources   (DNR)  and  the  Department  of                                                            
Environmental  Conservation (DEC).   He explained the new  committee                                                            
substitute  (CS)  before  the  committee  places  seafood  and  food                                                            
inspections in  the Division of Agriculture as is  done in all other                                                            
SENATOR MACKIE asked if the Department supports the bill.                                                                       
MR. CAMPBELL said he didn't  have anything that looked like complete                                                            
support from any department at this point in time.                                                                              
SENATOR  MACKIE moved  to adopt  the CS to  SB 132.   There were  no                                                            
objections and it was so ordered.                                                                                               
CHAIRMAN HALFORD asked if the bill addresses Hatcher Pass.                                                                      
MR. CAMPBELL  responded that  sections 28 and  33 enable the  Mat-Su                                                            
Borough to  fulfill its general land  grant entitlement with  fringe                                                            
land in the Hatcher Pass area.                                                                                                  
SENATOR GREEN asked about the extent of the food inspection.                                                                    
MR. CAMPBELL responded  that currently most food inspection is split                                                            
between the  Division of  Agriculture and DEC.   The bill moves  the                                                            
food inspection function back to the Division of Agriculture.                                                                   
SENATOR GREEN asked if that includes raw food.                                                                                  
MR. CAMPBELL answered  that includes both, as in most  other states.                                                            
Restaurant inspection is included as well.                                                                                      
CHAIRMAN  HALFORD asked  if  DEC will  still handle  inspections  of                                                            
sewer and water systems.                                                                                                        
MR. CAMPBELL answered yes.                                                                                                      
Number 70                                                                                                                       
SENATOR GREEN said one  of her constituents questioned the inclusion                                                            
of bison and reindeer.                                                                                                          
CHAIRMAN HALFORD  added that language  on page 2, line 11  says that                                                            
the Commissioner shall  regulate the farming of elk and asked why it                                                            
doesn't include bison and reindeer that are in captivity now.                                                                   
MR. CAMPBELL responded  that it would make little  sense for them to                                                            
be regulated by DEC.                                                                                                            
CHAIRMAN  HALFORD   replied  that   it's  because  they   are  doing                                                            
inspection of the meat.                                                                                                         
MR. CAMPBELL  said he didn't know  the history of this legislation.                                                             
SENATOR MACKIE  asked if they are transferring the  money as well as                                                            
the responsibilities.                                                                                                           
MR. CAMPBELL  replied  that was  the intent  of  the Senate  Finance                                                            
SENATOR GREEN  said her concern  is that  this will eventually  come                                                            
out of the Agricultural  Revolving Loan Fund (ARLF) funding like the                                                            
rest of the Division of Agriculture.                                                                                            
MS. JANICE  ADAIR, Director,  Environmental  Health, DEC, said  that                                                            
not  enough  money  was  going  to  DNR  to  fund  the  transferred                                                             
functions.   Therefore  the general  fund would  supply more  of the                                                            
funds.   She explained  that reindeer  are not  listed in this  bill                                                            
because  reindeer are  domestic animals  and DEC  has the  authority                                                            
under its general animal  authority to deal with them and bison. She                                                            
thought  splitting  the  authority  would  cost the  State  and  the                                                            
regulating authorities more.                                                                                                    
MR. HERB  SIMON, Nilchina,  supported  SB 132.   He said he  thought                                                            
putting  the  food   inspections  under  DNR  would   be  much  more                                                            
efficient.  He  said his industry has wanted this  consolidation for                                                            
a long time  as it would eliminate  a lot of redundancy in  terms of                                                            
staff and people wearing "specialized hats."                                                                                    
CHAIRMAN HALFORD  asked if he expected  to see DEC doing  restaurant                                                            
inspections in rural areas.                                                                                                     
MR. SIMON answered  that he didn't  and then said, "If you're  gonna                                                            
move it, move it all over there."                                                                                               
CHAIRMAN  HALFORD agreed  that  this bill  was a step  in the  right                                                            
direction.   He still envisions someone  else taking water  samples,                                                            
dealing  with   the  sewer  system   and  looking  at  refrigerator                                                             
temperatures,  etc.  He didn't  think the  people involved  have had                                                            
much incentive  to consolidate their  activities no matter  how much                                                            
the Legislature tries to consolidate their functions.                                                                           
Number 260                                                                                                                      
MS.  CAROL   CARROLL,  legislative   liaison,  DNR,  said   she  was                                                            
responding to  the original bill and asked why they  are doing it in                                                            
the first  place if it doesn't  save any money  and make their  jobs                                                            
easier.   She  said  the Department  agrees  with the  Hatcher  Pass                                                            
public  use area  section; however,  it would  like  to look at  the                                                            
legal description.                                                                                                              
SENATOR PARNELL  responded  that the reason  for doing it has  to do                                                            
with the missions  of the departments  and how they might  be better                                                            
aligned.  He asked her  if she thought it was more in alignment with                                                            
DNR or DEC.                                                                                                                     
MS. CARROLL answered  that DNR is generally in the  development part                                                            
of the business, not the  regulatory part, and would like to keep it                                                            
that way.                                                                                                                       
SENATOR  PARNELL asked  her if DNR  is not  a regulatory  department                                                            
according to its mission.                                                                                                       
MS. CARROLL answered generally DNR focuses on development.                                                                      
SENATOR PARNELL  asked if there is  a regulatory component  of DNR's                                                            
MS. CARROLL explained  that DNR does permitting and  inspections for                                                            
oil and  gas and whenever  it does timber  and land sales.   But, it                                                            
emphasizes development  and revenue generating areas  instead of the                                                            
regulation of customers.                                                                                                        
Number 350                                                                                                                      
CHAIRMAN HALFORD  asked who is in  charge of restaurant dishwashing                                                             
MR. CAMPBELL answered  that is part of DEC's Title  17.20 regulatory                                                            
CHAIRMAN HALFORD asked who does room inspections.                                                                               
SENATOR MACKIE  said he  didn't remember  anyone doing those;  there                                                            
are bar, kitchen,  and dining room  inspections.  The Fire  Marshall                                                            
would inspect for fire exits.                                                                                                   
SENATOR  LINCOLN   said  she  thought  that  DNR  should   have  the                                                            
opportunity to  review the CS before it left the committee.   SB 132                                                            
went  from a  six page  bill  to 15  pages and  DNR has  not had  an                                                            
opportunity to review the Resources version.                                                                                    
SENATOR  PARNELL moved  to pass  CSSB 132(RES)  from committee  with                                                            
individual recommendations.  SENATOR LINCOLN objected.                                                                          
CHAIRMAN HALFORD  asked for a hand  vote.  SENATORS HALFORD,  KELLY,                                                            
PARNELL, and MACKIE voted yes; SENATOR LINCOLN voted no.                                                                        
CHAIRMAN HALFORD adjourned the meeting at 4:37 p.m.                                                                             

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